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Home My WebLink AboutTR-8019 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 May 15,2013 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: DAVID M. DALY & OTHERS 625 TOWN HARBOR TERRACE, SOUTHOLD SCTM# 66-1-34 Dear Ms. Moore: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, May 15, 2013: RESOLVED, that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit #8019 to reduce the length of the deck from 78'6" to 30' and increase depth to 10'; and as depicted on the revised site plan prepared by Chorno Associates Architects, last dated on April 22, 2013 and stamped approved on May 15, 2013. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, James F. King President, Board of Trustees JFK/amn James F King. Presidenl Bob Ghosio. ,Ir. Vice-President Dave Bergen John Bredemeyer Michael J. Domino P.O Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax (631) 765-6641 Date/Time: Southold Town Board of Trustees Field Inspection/Work Session Report Patricia C. Moore, Esq. on behalf of DAVID M. DALY & OTHERS requests an Administrative Amendment to Wetland Permit # 8019 to reduce the length of the deck from 78'6" to 30' and increase depth to 10'. Located: 625 Town Harbor Terrace, Southold, SCTM# 66-1-34 Type of area to be impacted: __Saltwater Wetland Freshwater Wetland __ Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: l,~J. King LB. Ghosio__ ~., J. Bredemeyer ~,/Michael Domino D. Bergen, D. Dzenkowski Form filled out in the field by ~ Mailed/Faxed to: Date: other James F. IZAng, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO A WEq DATE Z~/_ a?~? _ / '~' APR 2 2 2013 Southold Town Board of rrus~e~ OWNER J.~a6/~{',J{ /~/~/ ~ ~)rs. PHONE AGENT ~(~ C'(~O0{~ PHONE G~' PROPERTY LOCATION (,.2:~' I'--OC:.av', Ho4bo~ TAXMAPNO. tOOt.) - Gb-t - 3~ I/We '+o 3o' o-~,v ~crec~ d.epPi,, ~o lo' Signed By:( ~ BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8019 DATE: JANUARY 23~ 2013 ISSUED TO: DAVID M. DALY & ORS PROPERTY AtDDRESS: 625 TOWN HARBOR TERRACE, SOUTHOLD SCTM# 66-1-34 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on January 23, 2013, and in consideration of application fee in the sum o1~$250.00 paid by Ma_rilyn K. Daly c/o Emmett Marvin & Martin LLp and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit for existing 3'6"x25'4" steps to beach (not damaged in storm); remove damaged 31'6'x10' deck on beach; construct new deck landward of new bulkhead; reconstruct damaged 82' hmg bulkhead; with the condition that the boardwalk be slightly pitched landward so runoff stays away from bulkhead; and as depicted on the site plan prepared by Chorno Associates Architects, last dated November 29, 2012, and stamped approved on January 23, 2013; and as also depicted on the site plan prepared by Joseph Fischetti, P.E., last dated November 21, 2012, and stamp approved on January 23, 2013. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. Da,~ed3emen - Ab..~n~t TERMS AND CONDITIONS The Permittee David M. Dal¥ & Ors, residing at 625 Town Harbor Terrace, Southold, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Pennittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to co~nplete the work involved, but should circumstances wan'ant, request for an extension may be made to the Board at a later date. That this Pernfit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project hivolved, to provide evidence to anyone concerned that authorization was originally obtahied. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with thc prnvisions of thc originating application may be cause lYr rcvncation of this Permit by resolution of the said ][Ioard. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work heroin authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Pennittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Southold Town Board - Letter Board Meeting of March 26, 2013 RESOLUTION 2013-280 ADOPTED Item # 5.44 DOC ID: 8695 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-280 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 26, 2013: RESOLVED that the Town Board of the Town of Southold hereby waives Trustees' permit fees for any repairs or construction, that in the sole discretion of the Board of Trustees, are determined to be related to Superstorm Sandy, until May 1, 2013. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Dohe~ty, Councilwoman SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell ~.~2 DAVID M DALY, ESQ. BNY MELLON BlqYMdlon, N.A. 239~ Page 2 ,! # U; Fo Southold Town ~ APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD ~x&TIb 11-29-12 DALY FAMI.LY PROPERTY T.CV~ HARBOR TE'CJRACE Southold NY. A-1 CHORNO ASSOCIATES Note: The Site Plan informat~ion in this drawing.was produced by visual estimation, post-storm photol]raphs, and map showing lots, deled April 4, 1~. James F. King, President Bob Ghosio,.Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box 1179 $outhold, NY 11971 Telephone (631 ) 765-1892 Fax (63 I) 76%6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE __ Pre-construction, hay bale line 1st day of construction ~ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8019 DATE: JANUARY 23, 2013 ISSUED TO: DAVID M. DALY & ORS PROPERTY 31DDREsS: 625 TOWN HARBOR TERRACE, SOUTHOLD SCTM# 66-1-34 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on January 23, 2013, and in consideration of application fee in the sum of $250.00 paid by Marilyn K. Dal¥ c/o Emmett Marvin & Martin LLP and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit for existing 3'6"x25'4" steps to beach (not damaged in storm); remove damaged 31'6"x10' deck on beach; construct new deck landward of new bulkhead; reconstruct damaged 82' long bulkhead; with the condition that the boardwalk be slightly pitched landward so runoff stays away from bulkhead; and as depicted on the site plan prepared by Chorno Associates Architects, last dated November 29, 2012, and stamped approved on January 23, 2013; and as also depicted on the site plan prepared by Joseph Fischetti, P.E., last dated November 21, 2012, and stamp approved on January 23, 2013. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee David M. Daly & Ors, residing at 625 Town Harbor Terrace, Southold, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause lbr revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee wilt be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 Januaw 23,2013 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: DAVID M. DALY & ORS 625 TOWN HARBOR TERRACE, SOUTHOLD SCTM# 66-1-34 Dear Ms, Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 23, 2013 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of DAVID M. DALY & ORS applied to,he Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated December 3, 2012, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 23, 2013, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of DAVID M. DALY & ORS for existing 3'6"x25'4" steps to beach (not damaged in storm); remove damaged 31'6"x10' deck on beach; construct new deck landward of new bulkhead; reconstruct damaged 82' long bulkhead; with the condition that the boardwalk be slightly pitched landward so runoff stays away from bulkhead; and as depicted on the site plan prepared by Chorno Associates Architects, last dated November 29, 2012, and stamped approved on January 23, 2013; and as also depicted on the site plan prepared by Joseph Fischetti, P.E., last dated November 21, 2012, and stamp approved on January 23, 2013. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 James F. King President, Board of Trustees JFK/amn James F. King, President Bob Ghosio, Jr., Vice-President Dave Berg~ $ohn Bredemeyer Michael I. Domino Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, NY !1971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated [2-/~/] Z-I I has been reviewed by this Board at the regular meeting of I [ 'Z~3/},.?, and your application has been approved pending the completion of thb following items checked off below. Revised Plans for proposed project Pro-Construction Hay Bale Line Inspection Fee ($50.00) Is~ Day of Construction ($50.00) ½ Constructed ($50.00) Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southoid. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or m-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ ,.j~'Lr), bL~ BY: James F. King, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd, P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 16, 2013 the following recommendation was made: Moved by John Stein, seconded by Derek Bossen, it was RESOLVED to SUPPORT the Wetland Permit application of DAVID M. DALY/DALY FAMILY for the existing steps to beach; to reconstruct the damaged bulkhead; remove damaged deck on beach; and to NOT SUPPORT the application to construct new deck landward of new bulkhead. Located: 625 Town Harbor Terrace, Southold. SCTM#66-1-34 Inspected by: John Stein The CAC Supports the reconstruction of the bulkhead at the same height, no boardwalk, and recommends the installation of a 25' non-turf buffer landward of the new bulkhead with native plants. The lower damaged deck should not be rebuilt. Vote of Council: Ayes: AFl Motion Carried JAN 1 8 2013 James F King, President Bob Ghosio, .Ir. Vice-President Dave Bergen .Iohn Bredemever Michael .I I)omino P O Box 1179 Southold, NY 11971 Felephone (631 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: Patricia C. Moore, Esq. on behalf of DAVID M. DALY & OTHERS requests a Wetland Permit for the existing 3'6"x25'4" steps to beach (not damaged in storm); remove damaged 31'6"x10' deck on beach; construct new deck landward of new bulkhead; reconstruct damaged 82' long bulkhead. Located: 625 Town Harbor Terrace, Southold. SCTM# 66-1-34 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound __Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: __ Wetland __Administrative__Emergency Coastal Erosion Amendment Pre-Submission Violation Info needed: Present Were: b.J. King ~B. Ghosio ./-D. Bergen, ~,J. Bredemeyer -., Michael Domino D. Dzenkowski __ Form filled out in the,fie)d by Mailed/Faxed to: Date: other OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY ii971 lVIAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 TO: LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM Jim King, President Town of Southold Board of Trustees JAN 2 2 2013 Southold Towe ~]oar~ gf Trustees Principal Planner LWRP Coordinator From: Mark Terry, Date: January 17, 2013 Re: Proposed Wetland Permit for DAVID M. DALY & OTHERS SCTM#1000-66-1-34 Patricia C. Moore, Esq. on behalf of DAVID M. DALY & OTHERS requests a Wetland Permit for the existing 3'6"x25'4" steps to beach (not damaged in storm); remove damaged 31'6"x10' deck on beach; construct new deck landward of new bulkhead; reconstruct damaged 82' long bulkhead. Located: 625 Town Harbor Terrace, Southold. SCTM# 66-1-34 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposal to: Permit the existing 3'6"x25'4" steps to beach (not damaged in storm); remove damaged 31'6"x10' deck on beach and reconstruct damaged 82' long bulkhead is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. In 1992 the Board issued a letter of non-jurisdiction not requiring a permit for the bulkhead and stair structures. See below. PA~I'RIC~ C. MOORE, ATTORNEY AT 51020 Main Road Southold, NY 11971 (631) 765-4330 emaih pcmoore@mooreattys.com LETTER JAN ! 8 2013 [] Please reply [] No reply necessary S,CNE[~ ~' James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application ~f~Wetland Permit Application __ Administrative Permit Amendmenffl' rans fel/.~'tensi°n ece~vved Application: 17- ~/Receivcd Fee:$ ~ ~Completed Applicaiion Incomplete __SEQRA Classification: Type I Type 11 Unlisted Coordination:(date sent) ~/~WRP Consistency Asse?snl~-nt Fo~ '~AC Referral Sent: ! Date of Inspection: Receipt of CAC Report: Lead Agency Determination:__ Technical Hearing Review: t ] ~//Public Held: Resolution: Name of Applicant Address /4. Pa/< o~ ~/~J/,/ ~P~/.~ .,¢,m2~/ / / I 2¢£ ~5,~,~l~ld ,,to, //eT/ Phone Number:( ) ~//:'/- ~::~oC'c:~~ 7.9/~,/0 Suffolk County Tax Map Number: 1000- d'{o -/- ~'/ Property Location: (provide LILCO Pole #, distance to cross streets, and location) (If applicable) Address: ,~/0 ~;~ Phone: B~U of Trust.~s Ampli~atio~0 Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: ~ Covenants and Restrictions on property? lf"Yes", please provide a copy. Will this project require a Building Permit as per Town Code? __ GENERAL DATA Yes /~ No Yes )~ No If"Yes", be advised this application will be reviewed by the Building Dept. prior to a Board of Trustee review. Does this project require a variance from the Zoning Board of Appeals? __ Yes ~( No If "Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept.? Yes Does the structure (s) on property have a valid Certificate of Occupancy? __Yes X No Prior permits/approvals for site improvements: Agency Date Y,, No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? If yes, provide explanation: No__Yes Project Description (use attachments if necessary): Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: ~.~ CA~a~v~c_~- ~k ~ Area of wetlands on lot:__~.,2~o __square feet Percent coverage of lot: I (3/~ % Closest distance between nearest existing structure and upland edge of wetlands: C9 feet Closest distance between nearest proposed structure and upland edge of wetlands: t~"-~) feet Does the project involve excavation or filling? No X Yes (-~-_~-.-?~ ce_. If yes, how much material will be excavated ~) cubic yards How much material will be filled? ~ tcC> cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): P'ROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1.A~LICANT/$PONSOR 617.20 APPENDIX (~U STATE ENVIRONMENTAL ALITY EW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME SEQR 3.PROJECT LOCATION: Municipality tJ~:~/2/'~/ 4. PRECISE LOCATION: SWeet Addess and Road Intersections. Prominent landmarks etc -or provide mad 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: 7 AMOUNT OFDF~LAND AFFECTED: ~ Initially ~ ~ acres Ultimately , ~ acres 8. WiLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~]Yes [] No If no, describe bdefly: 9~ WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~]Residen6al I~lndustrial i--]Commercial E~Agriculture [] ParklForestlOpen Space E~]Other (describe) 10 DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) E~]Yes [~No If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION NAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes r~No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appli""' 'sPT c > Da,e: If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT ~To be completed by* Lead A~ency) A. DOES ACTION EXCEED ANY T~PE I THRESHOLO IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF. 171.o B. WILL ,~CTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative dectamtion may be superseded by another involved agency. r'-~ Yes [~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be beedwrtt[ea, if legible) C1. Existing air quality, surface or gmondwster quality or quantity, noise levels, existing traffic pattern, sctid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: I C2. Aesthetic~ agrtcultu~ai',"archaeological, histo[ic, or other natural or cultural resources; or ~ommuntiy or nsighberhond character? Explain briefly: I C3. Vegetation ~r fauna, ~i ihell~sh or wildlife species, significant hab~als, or threatensd m endangered species? Ex~ain bdefly: ............ C4. A community's existing plans or goals as off~Ja~[y adopt"~",'o[ a change in use'~r'intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: I C6. Long term, sho~l term, cumulative, or other effects not identified in C1-C57 Explain briefly: ' C7. Other impacts linctudin~l chanties in use of either quanfit;/or type of ener~;/? Explain bdefl;/: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ~CEA~? IIf yes, explain briell},: E. IS THERE, OR IS THERE UKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If ~ ex{~laln: PART III - DETERMINATION OF SIGNIFICANCE {To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, laq~e, important or otherwise signifmanL Each effent should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibillty; (e) geographic scope; and (f) magnitude. If necossapJ, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the detem~ination of significance must evaluate {he potentiallmpact of Ihe prepoead action on the envlrenmentalcharaofedstics of the CEA. Cbeck thle box If you have Idontitied one or more potentlalty large or slgnfficont adverse Impacts wflleh MAY ¢x;c~r. Then proceed dimctiy to the FULl FAF and/?r prepare a posi6ve declaration. Check 8~s box If you have delemdnsd, based on the Information and analysis above and any suppodlng documentation, that the proposed adJo~ WILl. NOT result in any signiticant adveme environmental Impacts AND provide, on atfechme~s as necesse~y, the masons supporang thi,' determinedo~. Board of Trustees [] . u,/#,,U/ ~ Name of Lead Agency Date J/) k14 ~' ~ ~ J ~* )/~/~' President Pdrd or Type Name of Responsible Officer in Le~ad Agency Sgnat~t~t'eo espons leOfficerleLeadAg,~fcy Title of Responstb(e Officer Signature of Preparer (If d{ffererd from responsible officer) BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of DAVID M. DALY & OTHERS AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-66-1-34 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On theI L~ d~of January, 2013 I personally posted the property known as 1135 Calves Neck Road, Southold, New York by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, January 23, 2013 on or about 4:00 p.m. Patricia C. Moore Sworn to before me this ~ day of January, 2013 BETSY A. pERmN$ Notary Public, State of New No, 01 PE6130636 Qualified in CommiSsion Expires July JAN 2 3 Southolci Tow~l ~}~rd of Trustees NOTIC OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Southold, New York, concerning this properly. by the Road, OWNER(S) OF RECORD:-]D~,~I SUBJECT OF PUBLIC HEARING: For the existing 3'6"x25'4" steps to beach (not damaged in storm); remove damaged 31'6"x10' deck on beach; construct new deck landward of new bulkhead; reconstruct damaged 82' long bulkhead. TIME & DATE OF PUBLIC HEARING: ~nterest If you have an in this project, you are invited to view the Town file(s) which are available for inspectionprior to the day of the hearing during normal business days between the hours of 8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631)765-1892 BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of DAVID M. DALY & OTHERS Applicant's Land Identified as 1000-66-1-34 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING JAN ~ 8 20~3 I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: On the / \ day of January, 2013, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. Sworn to before me this day of January, 2013 f (N~tary Public) f,/fA~,~RET C RUTKOWSKI Not~:;y P ~b~ c, State ct New York No. 498f~528 Qualified in Suffolk Co,,unty_ Commission Expires June 3, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. DALY ET AL SCTM: 1000-66-1-34 NEIGHBOR LIST JOANN WALKER PO BOX 27O SOUTHOLD NY 11971 SCTM: 1000-66-1-33 CHRISTOPHER J. DALY ANNE B. BARABAS 2507 THREE DEGREE ROAD MARS PA 16046 SCTM: 1000-66-1-36 ROBERT M DALY 35 DRIFTWAY LANE DARIEN CT 06820 SCTM: 1000-66-1-26 RECEIPT RECEIPT 7104 2438 8090 0000 0198 7~04 2438 8090 0000 0204 FROM: FROM: Moore Law Offme Moore Law Office RECEIPT 7104 2438 8090 0000 0211 FROM: Moore Law Office RE DALYTRUSTEES SEND TO: JOANN WALKER PO 80× 270 SOUTHOLD NY 11971 TOTAL POSTMA*K o. SEND TO: CHRIS~'OPHER 3 DALY ANNE B BARASAS 2507 THREE DEGREE ROAD FEES: po~tagff $ 5.75 TOTAL posTMARK OR DATE SEND TO: ROBERT M DALY 35 DRIFTWAy LANE DARIEN CT 06820 TOTAEk ~ ~! ~OST~ ~AT¢ ' S u- old Town of o ~ Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY LOCATION: S.C.T.M. #: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A STORM-WATER~ GRADING~ DRAINAGE AND EROSION CONTROL PLAN District Section Block Lot CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEIN YORK. SCOPE OF WORK - PROPOSED CONSTRUCTION l'l'l~,l# / WORKASSESSMENT ] Yes No a. What is the Total Araa of the Project Parcels? (Include Totel Area of all Pa.els located within ,~}"~/~-- I Will this Project R°tain All St°tm'Water Ron'Off the Scope of Work for Proposed ConslnJction) ) '~ Generated by a Two (2") Inch Rainfall on Site? (S.F. / Acres) (This item will include all mn-off created by site b, What is the Total Area of Land Cleadng clearing and/or construction ac§vi§es as well as all and/or Ground Disturbance ( ~ /~-c~'~ Site Improvements and the permanent creation of for the proposed construction activity? impervious surfaces.) (S.F. I Acres) 2 Does the Site Plan and/or Survey Show All Proposed ] PROV]]DE B~J~_~ PRO]~TE DE~SCP,[PTION (prOved. Add~a Pa~e~ aa ~eeded) Drainage Structures Indicating Size & Location? This item shall include all Proposed Grade Changes and -- ~'~ ( 4/~'~J J~"~/~( ~ Slopes Controlling Surface Water Flow. ,~ ~"~ 2 ./~-'t'/~'~' ..( ~"~/4~,~ ~")~ ? ~- (-~,/ 3 D°os the Site Plan andl°r Survey describe the er°si°n and sedimerd control practices that will be used to ~. control site erosion and storm water discharges. This ~~ ~ ~/~,-~ ~ ,temmustbemaintainedthroughouttheEntire Construction Peded. ~9'/~ ri~-"~r"("~ ' 4 Will this Project Require any Land Filling. Grading or Excavation where there is a change to the Natural Existing Grade Involving more than 200 Cubic Yards of Ma er/al within any Parcel? 5 Will this Application Require Land Disturbing Activities V Encompassing an Area in Excess of Five Thousand (5,000 S.F,) Square Feet of Ground Surface? -- 6 is there a Natural Water Course Running through the Site? Is this Project within the Trustees jurisdiction General DEC SWPPP Requirements: or within One Hundred (I 00') feet of a Wetland or~L~ -- Submission of a SWPPP is required for all Construction activities involving soil Beach? disturbances of one (1) or more acres; including disbJrbances of [ess than one acre that 7 Will there be Site preparation on Existing Grade Slopes are part of a larger common plan that will uhimately disturb one or more acres of land; which Exceed Fifteen (15) feet of Ver~cal Rise to including Construction activities involving soil disturbances of less than one (1) acre where One Hundred (100') of Hedzontal Distance?L.=~J the DEC has determined that a SPDES permit is required tor storm wa/er discharges. SWPPP's Shall meet the Minimum Requirements of the SPDES General Permit 8 Will Driveways, Parking Areas or other Impervious ~ for Storm Water Discharges from Consfrucaon activity o Permit No. GP-0-10-O01.) Surfaces be Sloped to Direct Storm-Water Run-Off 1. The SWPPP shall be preparer/prior to the submittal of the NOI. The NOI shall be into and/or in the direction of a Town fight-of-wa.y? submit/ed to the Department pdor to the commencement of constmcben activity. 2. The SWPPP shall descitbe the erosion end sediment control practices and where 9 Will this Project Require the Placement of Material, required, post-construction storm water management practices that will be used and/or Removal of Vegetation and/or the Consb-uction of any r~ constomted to reduce the pollutants in storm water discharges and to assure Item Within the Town Right-of-Way or Road Shoulder compliance with the term~ and conditions of this permit. In addition, the SWPPP shall -- STATE OF NEW YORK, ~' /~'2 h/ COUNTY OF ...~...:.°/~,.17~.,.l.)..~.. ............... SS ............... '(i4;;;~';?;~;fi;t~'~;~'.i'~ b~;;fi;;;t'} .................... ° .... ,.ose. ~.~ says that he/she is the applicant J~r Permit, And thai he/she is the ................... Owner and/or representative of the Owner or Owners, and is duly authorized to perform or bave performed die said work and to make and file this application; that all stalements contained in this application are true to die best of bis knowledge and belief; and that the work will be performed in the manner set forth in the application filed herewith. Sworn to before me this; '" / ~ ~ ~11 ~'~ · I~[~.~ .. . -' (Signature Of Applicant) Board of Trustees Application County of Suffolk State of New York DEPOSES AND AFFIRMS THAI[ HE/SHE 1S THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, 1 HEREBY AUTHORIZE THE TRUSTEES, THE1R AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREM1SES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS ~ ~'- DAY OF Notary Public p,~7 of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, ~{5Xv. J ~t~ ~ ~Ox'x_~ residingat (~ tX \~.,~;~o-H (print owner of property) ~ (mailing address) do hereby authorize I"}k .~ (Ageht) to apply for permit(s) from the Southold Board of Town Trustees on my behalfi , ~. ~/' ,/~/. , (Owner s signature) ..- ' of Trustees Application AUTHORIZATION (where the applicant is not the owner) (piq~t owner ofpropert95 residing at ~ 2b-~ '/~0~.~ ~'-/~'~ (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. .~)~ner's signa~e) Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). lfany question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 4~'~' / A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, thg~tmenh all local libraries and the Town Clerk's office. ~L~ t~Z. ~.5:~ DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): Planning Dept. [] Building Dept. ~ Board of Trustees ~' Town Board Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: t Site acreage: , ~ ~ . present zoning classification: /~, -.z/o If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: D~./P'C~ (b) Mailing address: h-7 //¢7; (c) Telephone number: Area Code (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~] No [] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, · preserves open space, makes efficient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes No [~ (Not Applicable - please exolain) , / . Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes [] No I~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [q~ Yes [~ No [] (Not Applicable - please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria ~[z~ Yes [] No [] (Not Applicable - please explain) / Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Santhold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [] (Not Applicable- please explain) At~ach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes [~ No [~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No ~ (Not Applicable- please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] (Not Applicable - please explain) /zap // / ' Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section Ill - Policies; Pages 47 through 56 for evaluation criteria. DYes [] No [~ (Not Applicable please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes [] No ~ Not Applicable- please explain Attach additional sheets ifnecessa~ Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~ No ~ Not Applicable- please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes [] No ~ Not applicable- please explain To PATRICIA C. MOORE, ATTORNEY .~a~l. AW 51020 Main Road Southold, NY 11971 (631) 765-4330 emaih pcmoore@mooreattys.cO~'ii ~ ~ } ~-~\ : LETTER SIGNED [] Please reply [] No reply necessary BOARD OF TRUSTEES ,: .~ i::' DATE ~Jzs/l~ ~ DEC -3 2012 GENE~ 9900 c L~ OR E~ APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE I/ Note: The 8ire Plan information in this drnwing was produced by visual estimntion, post-storm photographs, and mnp showing lots, dnted April 4, 1 g55. 1000-66-1-34 ., , I. ,~ DATE: 11-29-12 !~i~ DALY FAMILY PROPERTY ToWN HARBOR TEi~RACE Southold NY A-1 ~'.~'.% -~:~ ? ~ · ~:- :: ~,~.: o;~ ~.2~ CHORNO ASSOCIATES